United States Second Circuit

Judgment dismissing plaintiff's civil rights complaint for failure to pay the filing fee after the court denied the plaintiff in forma pauperis status under the three strikes provision of the Prison Litigation Reform Act, is reversed, where: 1) dismissals of habeas petitions and appeals from habeas petitions cannot constitute strikes under the three strikes provision; and, as such, 2) the district court erred by denying plaintiff's motion to proceed in forma pauperis.

Appellate Information

• Decided 06/19/2013
• Published 06/19/2013

Judges

• KATZMANN

Court

• United States Second Circuit

Counsel